K-1 Visa - Related Visa Categories

Related Visa Categories

The unmarried children, under 21 years old, of a K-1 visa beneficiary can also immigrate with their parent. Because such children derive their immigration status through a parent, they are known as derivative applicants, and are issued a K-2 visa. (The precise definition of a "child" for immigration purposes is complex, taking into account the various permutations of adoptive, stepparent, and half-sibling relationships that are possible.) Derivative children may either immigrate at the same time as their parent, or may follow to join the parent up to one year after the issuance of the parent's K-1 visa.

Two additional "K" categories of visas exist. The K-3 visa is for the spouse of a US citizen. It was created to allow a foreign spouse of a US citizen the opportunity to enter the US as a non-immigrant and adjust status to a lawful permanent resident by filling out the I-485 form to the USCIS. It is similar to the IR1/CR1 category which are also for the spouse of a US citizen. The only practical difference is that a K-3 visa is a non-immigrant visa, thus the foreign spouse must adjust to immigrant status after arrival in the US. The IR1/CR1 visa categories are immigrant visas thus require no adjustment of status once the beneficiary has arrived in the United States. A K-4 visa is a derivative visa issued to the child of a K-3 visa holder.

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